DEPARTMENT OF CHILD SAFETY, YOUTH & WOMEN & COMAR

The parties to this proceeding were the Department of Child Safety, Youth and Women (the Department) and Comar. The dispute concerned an application by the Department for a child protection order in relation to a child. The matter was heard by Carew J in the Childrens Court of Queensland.

The primary legal issue before the court was whether the Department had discharged its onus to prove, on the balance of probabilities, that the child was in need of protection pursuant to section 83 of the *Child Protection Act 1999* (Qld). This required the court to consider whether the child had suffered or was at risk of suffering harm, abuse, neglect, or exploitation, and whether the harm was attributable to the actions or omissions of the child's parents.

Carew J considered the evidence presented by the Department regarding the circumstances of the child. The court applied the principles of statutory interpretation to section 83 of the *Child Protection Act 1999* (Qld), focusing on the definition of "harm" and the causal link required between parental conduct and the risk of harm. The court weighed the evidence against the legal standard of proof, determining whether the Department had established the necessary grounds for a child protection order.

The court made orders in favour of the Department, finding that the child was in need of protection.